Legal Opinion

Mathews v. State

Court of Appeals of Georgia

Decided December 14, 1921No. 12910PublishedCited by 1 opinion

Accusation of cheating and swindling; from city court of Greensboro —■ Judge Brown. September 10, 1921. The indictment charged J. E. Mathews with a misdemeanor, for that the accused, in the county of Greene and the State of Georgia, on the 1st day of May, 1920, “with force and arms did unlawfully, knowingly, fraudulently, deceitfully, and wrongfully represent that he owned one dark bay mare with white star in face, one white foot, eight years old, and then and there executed…

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Accusation of cheating and swindling; from city court of Greensboro —■ Judge Brown. September 10, 1921. The indictment charged J. E. Mathews with a misdemeanor, for that the accused, in the county of Greene and the State of Georgia, on the 1st day of May, 1920, “with force and arms did unlawfully, knowingly, fraudulently, deceitfully, and wrongfully represent that he owned one dark bay mare with white star in face, one white foot, eight years old, and then and there executed a bill of sale on said described property to J. E. Ililsman. Said representations were knowingly false and made for the…

1Opinion of the CourtBroyles, C. J.

(After stating the foregoing facts.) We are of the opinion that the indictment was not subject to the ground of demurrer urged. The indictment measured up to the requirement of section 954 of the Penal Code of 1910, which provides that every indictment shall be deemed sufficiently technical and correct which states the offense in the terms and language of the statute, or so plainly that the nature of the offense charged may be easily understood by the jury. We, think it is reasonably apparent, from the language of the indictment, that the representations were made' to J. R. Hilsman, the…

2Cases cited1 opinion

  1. McLendon v. StateCourt of Appeals of Georgia · 1915

3Cited by1 opinion

  1. Rumph v. StateCourt of Appeals of Georgia · 1939

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